Chapter 11 Flashcards
rule of law
means that we are governed by a fixed set of laws that apply to all people in scoiety
magna carta
- signed in1215
- symbol of the rule of law
- guarntees many rights for British citizens (ex trial by jury, habeus corpus)
habeus corpus
the right to be brought before a court soon after arrest and released if the judge finds there is no legal charge
what is the supreme law of Canada
the constitution of Canada
constitution of Canada
- has charter of rights and freedoms
(this takes precedence over any government passed laws, protects fundemntal freedoms, gaurntees democracy, also includes the limit of all these rights)
civil law
Deals with relationships between individuals or groups
criminal law
deals with matters that affect society as a whole
- considered to be comitted against the state
plaintiff
person who claims to have suffered harm, loss or injury to self or property
(civil law)
defendant
person being sued (civil law)
what criminal cases carried out in the name of of?
The Crown (identified as R or Regina ( the latin word for queen))
why are criminal cases carried out in the name of the Crown
because breaking a criminal law is considered to be a wrong against Canadian society
common law
based on the decisions of judges in the British royal courts
system of rules based on past decisions made
statuary law
- set out in acts of Parliment
what is quebec’s law based on
Roman law (has all laws in a book)
what has been reduced since the intrdocuction of the Charter
powers of police to arrest and question suspects, sieze evidence, conduct searches
who is responsible for the administration of justice in Canada
the provinces
more serious cases
indictable offences
- handled by the Provinical supreme court
less serious cases
summary offences
-handled by lower courts
In the lower courts are generally heard by who
judge or justice of the peace
In the Supreme court are generally heard by who
judge or judge and jury
jury
a group of adult citizens called at random from the community
- moral and legal duty to serve on a jury
probation
- set period of time offender must follow conditons determined by court and report to a probation officer
rehabiliation
the belief that inmates can be brought back into society as useful citizens
incarceration
imprisonment
canada has a high rate compared to Western World
restorative justice
- alternative to incareration
- for first time offenders/ less serious crimes
- tries to repair damage done
disposition
- a sentence in youth court
- varys from jail term to fine to community service
Youth Court Dispositions
- Absolute discharge
Conditional discharge
Fine of up to $1000
Payment costs of the crime of up to 240 hrs of community service
Open or secure custody for up to 5 yrs
Report to a probation officer regulary (up to 2 yrs)
Who appoints judges of the Provincial court
The provincial cabinet on recommendation of the attorney general
Who appoints judges of the Supreme court of BC/court of appeal
Federal cabinet recommendation of the monster of justice
Who appoints judges of the Supreme court of Canada
GG on recomendation of the PM
